Organized Crime

What is Organized Crime?

A continuing, structured collectivity ofpersons who utilize criminality,violence, and a willingness to corruptin order to gain and maintain powerand profit!

Organized Crime Groups

• La Cosa Nostra• Hispanic Crime Groups• Jamaican Posses• Asian Crime Groups• Russian Mafia• Street Gangs• Outlaw Motorcycle Gangs

La Cosa Nostra

The Mafia• Best known organized crime group operating

in the United States• Origins in southern Italy and Sicily• Most active in New York City, parts of New• Jersey, Philadelphia, Detroit, and Chicago

Hispanic Crime Groups

• Early start with the influence of Columbian drug rings• Major drug cartels (Medellin and Cali)• Hispanic neighborhoods in major cities

Jamaican PossesOriginated in the capital city Kingston, Jamaica•Grew to power by pressuring the Jamaican government to distribute welfare to the needy•The needy saw the posses as being helpful

Rival gangs would be hired to influence elections•Thus influencing the “power” and distribution of government aid•The prime minister elected in 1980 tried to gain control of the posses (gangs)

Jamaican Posses•The corrupt Jamaican police were given directives to get rid of the gangs•As a result of the increasing violence, posse members fled Jamaica•By 1984, many had moved to New York City and Miami•Their penchant for violence gave them an advantage over local drug dealers•Today’s Jamaican posse has a sophisticated organization often compared to the Mafia.

Asian Crime Groups•Most Asian gangs grew out of a response to political disorder •They provide social, political and economic stability and support.•They are secretive organizations with elaborate rituals and very strict codes that must be adhered to.•Triads•Tongs•Yakuza•Viet Ching

Asian Crime Groups

Asian Crime GroupsTongs• Began as charitable societies in major American

cities with large Chinese populations• The word “tong” means “meeting place” in Chinese• Chinese immigrants were coming to the United

States with the promise of high pay and quick fortunes• Business owners would help them find jobs or

places to live as well as act as a liason

Asian Crime GroupsTongs• As Chinese immigrants moved east, tongs would

compete, or fight, for control of territory of gambling or prostitution, which were very profitable• With increasing growth in the Chinese population, and

the inability of the immigrants to speak English, tongs began using extortion, robbery and other crimes against the immigrant population as a means of “business”• Drug trafficking is the primary focus of the tongs today,

although they remain active in other crimes, including gambling, prostitution and smuggling illegal aliens.

Asian Crime GroupsYakuza • Set up to reflect the Japanese tradition of having a

strong father figure with obedient children• Took over the Japanese black market after World War

II• Involved in casinos, gunrunning, loan-sharking, drug

trafficking and money laundering• The Japanese peoples were very concerned with how

they are perceived by others• Yakuza used this to their advantage and would extort

money from corporate executives who would want to save the image of the company

Asian Crime Groups

Russian Mafia•Emerged during the political chaos resulting from the collapse of the former Soviet Union in 1991•Early groups in the United States were located in New York, Los Angeles and Toronto, Canada•Loose knit organization known as the Organizatsiya (Organization)•Involved in drug dealing, extortion, bank fraud, counterfeiting, contract murders, and trafficking in dangerous weapons and components.

Russian Mafia•Emerged during the political chaos resulting from the collapse of the former Soviet Union in 1991•Early groups in the United States were located in New York, Los Angeles and Toronto, Canada•Loose knit organization known as the Organizatsiya (Organization)•Involved in drug dealing, extortion, bank fraud, counterfeiting, contract murders, and trafficking in dangerous weapons and components.

Street Gangs

Outlaw Motorcycle Gangs•Originated with American soldiers returning from World War II•Established and organized as a para-military group•Today there are approximately 1000 motorcycle gangs in the United States•Hell’s Angels•Outlaws•Pagans•Bandidos

•Criminal activities include:•Drug trafficking•Illegal firearms trafficking

Investigating Organized Crime•Enterprise Theory of Investigation•Investigative Techniques•Law to Combat Organized Crime

Enterprise Theory of InvestigationGeneral Provisions of the RICO Statute• An entire crime organization is targeted under the

RICO Act• List federal and state crimes that form the basis of a

RICO offense• Gambling• Bribery• Dealing in obscene material• Dealing in narcotics or other dangerous drugs• Mail fraud• Witness tampering• Obstruction of justice

Additional Provisions of the RICO Statute• Provides for the forfeiture of assets acquired

directly or indirectly from racketeering activities• Individuals who are victimized by RICO violations

can sue the violators.• Well-being• Property • Reputations

Enterprise Theory of Investigation

•Organized Crime Task Forces• Combine resources of federal, state and

local law enforcement

• Electronic surveillance• Wiretaps• Concealed video and audio-taping

Investigative Techniques

Investigative Techniques

• The Hobbs Act• The Controlled Substance Act of 1970• The Organized Crime Control Act of 1970• The Bank Secrecy Act of 1970• The Comprehensive Crime Control Act of 1984• The Money Laundering Control Act of 1986• The Anti-Drug Abuse Act of 1986• The Anti-Drug Abuse Act of 1988• Asset Seizure and Forfeiture Laws• Conspiracy Laws

Laws to Combat Organized Crime

• Passed in the 1940’s• Focus on activities that interfere with interstate commerce

The Hobbs Act

•Actual name: The Comprehensive Drug Abuse and Control Act of 1970•Created a coordinated and codified system of drug control•Classify all narcotics and dangerous drugs•Created a system for the legitimate handling of controlled drugs by physicians, pharmacists and companies that manufacture pharmaceuticals.

The Controlled Substance Act of 1970

•Purpose was to fight organized crime by strengthening legal tools•Provided stiffer penalties for violations •Extended ways evidence could be gathered•To encourage witness participation, it created:•Absolute immunity•Recalcitrant witness•Protection for witnesses who may be threatened for testifying•Made stiffer penalties for perjury

The Organized Crime Control Act of 1970

•Addressed money laundering•Requires banks to report any transaction of $10,000 or more•Requires banks to report if $10,000 or leaves or enters the country•Citizens must report on their annual tax return any foreign bank accounts

The Bank Secrecy Act of 1970

• Focus was drug and organized crime activities• Reformed bail and sentencing• Expanded forfeiture authority• Aided the investigation of money laundering

The Comprehensive Crime Control Act of 1984

• Addressed money laundering• Illegal to cause domestic financial institution

to fail to report transactions of $10,000 or more• Have the institution make false statements

by providing them with wrong or misleading information

The Money Laundering Control Act of 1986

• Expanded federal, state and local drug abuse control efforts• Created mandatory sentencing for certain

drug-related offenses• Made it a crime to involved juveniles in drug

distribution or sales• Made it illegal to distribute drugs within

1,000 feet of a school

The Anti-Drug AbuseAct of 1986

• Compliments the Anti-Drug Abuse Act of 1986

• Established a cabinet level position (U.S. President’s Cabinet)

• Increased penalties for a number of drug offenses

• Created mandatory minimum sentences for certain drug-related offenses involving children

The Anti-Drug AbuseAct of 1988

• Intent is to remove the financial rewards of criminal activity

• Extends law enforcement’s authority to seize profits and property resulting from drug trafficking

• Provides legal means for seizing cash connected with money laundering activities

• Proceeds from forfeitures are funneled back to continue the fight against crime

• Seized vehicles used by the law enforcement agencies• Seized money used to purchase equipment

Asset Seizure and Forfeiture Laws

• Conspiracy-an agreement between two or more people to commit a crime

• At the point of the agreement, everyone involved is a co-conspirator

• Backing out of the act will not exempt them from charges

Conspiracy Laws